Gardai can only advise publicans to adhere to new guidelines but cannot shut them down if they decide to breach the new phase three advice.
Some pubs - like this one - opened on June 29 and openly said they will be serving pints but no food.
A small few other local pubs around country are said to be breaking the rules in some form by either not enforcing time limits or allowing people to drink alcohol without a "substantial meal".
However most publicans who have opened are abiding by the new guidelines.
Gardai cannot penalise a pub for breaking these guidelines but if they show a blatant disregard for social distancing or they are deemed to be endangering people they can take action.
A garda spokesperson said: " The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) (No.3) Regulations 2020 are currently in effect until the 20th July 2020, which set out certain penal provisions.
"Social Distancing and other similar Public Health Guidelines are not Penal Provisions. In supporting the COVID-19 public health regulations and guidelines, An Garda Síochána has and will continue to adopt, a graduated policing response based on its tradition of policing by consent.
"This has seen Garda members engage, educate, encourage and, as a last resort, enforce. Where potential breaches of the Public Health Regulations are identified, and where a person/ business does not come into compliance with the regulations, a file is submitted to the Director of Public Prosecutions for a direction as to how to proceed."
The Health and Safety Authority does on the other hand have the right to close businesses down if they carry out an inspection and see a pub is not complying.
VFI Chief Executive Padraig Cribben said: "Technically, the guidelines are not law but the HSA has the power to close premises while any publican flouting the guidelines could encounter difficulties when it comes to renewing their pub licence in September."
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